Dellinger v. United States

676 F. Supp. 567, 1987 U.S. Dist. LEXIS 12510, 1987 WL 33264
CourtDistrict Court, D. Delaware
DecidedDecember 28, 1987
DocketCiv. A. No. 86-269-JLL
StatusPublished
Cited by3 cases

This text of 676 F. Supp. 567 (Dellinger v. United States) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dellinger v. United States, 676 F. Supp. 567, 1987 U.S. Dist. LEXIS 12510, 1987 WL 33264 (D. Del. 1987).

Opinion

FINDINGS OF FACT AND CONCLUSIONS OF LAW

LATCHUM, Senior District Judge.

Plaintiff, William P. Dellinger, Jr., initiated this civil action as a result of a “slip and fall” accident which occurred on February 12, 1983, at the United States Post Office located on Causey Avenue in Milford, Delaware. Mr. Dellinger seeks to recover from the defendant, the United States of America, compensatory damages for pain, distress, medical expenses, lost wages, and future medical expenses and lost wages resulting from bodily injuries he suffered in the fall.

The case was tried to the Court without a jury on October 26, 1987.

After carefully considering the sufficiency and weight of the testimony adduced at trial, the demeanor of the witnesses who testified, the exhibits admitted into evidence, and the post-trial submissions of the parties, the Court makes the following findings of fact and conclusions of law as required by Rule 52(a), Fed.R.Civ.P.

FINDINGS OF FACT

1. This is a tort action against the United States of America alleging negligence by United States Postal Service employees acting within the scope of their employment. (Docket Item [“D.I.”] 1.)

2. Mr. Dellinger is employed as a Traffic Manager overseeing shipping operations for Draper-King Cole Company. (D.I. 32 at 9.) At the time of trial, plaintiff was forty-three years old. (Id. at 8.)

3. Mr. Dellinger has had a Post Office box for the last twelve years at Milford Post Office. (Id. at 52.) He testified that he checked his post office box two to five times a week. (Id.) When plaintiff traveled to the Post Office, he almost always drove and parked in the Post Office’s parking lot. (Id.)

4. The Milford Post Office parking lot is at the side of the building. (Defendant’s Exhibit [“DX”] 11.) A sidewalk connects the parking lot and the front door of the Post Office. (Id.) There is a slight incline leading from the parking lot to the sidewalk. (DX 7-8.)

5. The Post Office was providing twenty-four hour access to post office boxes at the time of the accident. (D.I. 22 at 2.) Mr. Dellinger frequently went to his post office box at night. (D.I. 32 at 53.) He testified that the Post Office parking lot area was fairly well lighted. (Id. at 66.)

6. According to climatological records, a snowstorm hit lower Delaware on February 11 and 12, 1983, resulting in an accumulation of twenty-one inches of snow on the ground. (DX 10 at 15.) It ceased snowing sometime during the morning of February 12th. (D.I. 32 at 96.) The temperature in Milford on February 12th ranged from 18 degrees to 34 degrees. (DX 10 at 12.)

7. Due to the crippling effects of the snowstorm, the Governor of the State of Delaware proclaimed a State of Emergency at 1:30 p.m. on February 11th. (DX 1.) The Governor requested that citizens stay off the roads except for emergencies. (Id.) The State of Emergency remained in effect until 5:00 p.m., February 12th. (DX 2.)

8. On the evening of the day of the accident, February 12, 1983, Mr. Dellinger and his family had visited his parents. (D.I. 32 at 13.) On the way home, at a little after nine o’clock at night, plaintiff took a smaller road in order to enjoy the scenic beauty of the snow. (Id. at 15-16.) Plaintiff testified that as he approached the Post Office, he noticed that the parking lot was clear. (Id. at 17.) He decided to stop at the Post Office to check his mail. (Id..)

9. Mr. Dellinger turned into the parking lot. (Id.) There was a car in the first parking space closest to the front door of the Post Office. (Id.) Plaintiff pulled into the next parking space. (Id.) He got out of his car and proceeded across the lot towards the sidewalk leading to the front door. (Id.) As he passed by the other car, plaintiff slipped on a patch of ice, wrenching his left knee as he fell. (Id. at 17-18.) He pulled himself up by holding onto the [569]*569parked car and continued towards the Post Office, though he experienced difficulty walking. (Id. at 18.) On his return he avoided the ice by holding on to the other car. (Id.) Mr. Dellinger did not recall what type of shoes he was wearing at the time of the accident. (Id. at 51.)

10. As a result of the accident, plaintiff sprained the medial collateral ligament of his left knee. (Plaintiffs Exhibit [“PX”] 8 at 6.)

11. The custodian for the Post Office testified that he did not recall with certainty if he had salted the parking lot on Friday afternoon. (D.I. 32 at 84.) However, he testified that it was always his practice to salt the parking lot and the sidewalk if it started snowing before he left for home. (Id. at 83-84.) Though the custodian normally did not work on weekends, he had an agreement with management to come in on weekends to clear the sidewalks. (Id. at 83.) On Saturday, February 12th, the custodian went to the Post Office at quarter to seven in the morning. (Id. at 84.) He shoveled off the front sidewalk and the incline leading to the parking lot and also salted the sidewalk and the incline. (Id.) The parking lot was too large for him to shovel. (Id. at 85.) He then went home. He returned to the Post Office Sunday morning, after the parking lot had been plowed, and salted the lot. (Id. at 85, 86.)

12. The superintendent of postal operations at Milford Post Office testified that on Saturday, February 12th, he shoveled off his home driveway sufficiently to get his four-wheel drive Jeep onto the highway. (Id. at 96.) He drove to the Post Office and arrived at six o’clock that morning. (Id.) Only three of the fifteen employees who normally worked on Saturday were able to make their way into the Post Office. (Id. at 97.) No mail was delivered that day since the mail truck could not pull in to the Post Office platform because of the snow. (Id.)

13. The superintendent was unable to reach the local business that usually plowed the Post Office parking lot when it snowed. (Id. at 97-98.) He arranged, however, for a local resident named Harding to plow the lot. (Id.) Harding arrived around eleven o’clock in the morning and used a tractor with a front-end loader and a backhoe to clear the lot. (Id. at 98, 104.) Both Mr. Dellinger and the superintendent indicated that most of the plowed snow was pushed to a grass area behind the Post Office. (Id. at 21-22, 98-99.) Mr. Dellinger testified that snow was also piled along the side of the building adjoining the parking lot. (Id. at 22-23.) This side of the building had a sidewalk approximately two to three feet wide running from the front sidewalk back to the grass area. (DX 7.) The superintendent testified that Harding may have pushed some snow on to the sidewalk along the building. (D.I. 32 at 99.)

14. The superintendent examined the parking lot after Harding had finished. (Id.) He testified that he thought Harding did “a really good job” and that there “didn’t seem to be that much snow” left in the parking lot. (Id. at 99-100.) Mr. Del-linger also testified that there were only traces of snow on the parking lot but that otherwise it was very clear. (Id. at 16, 30.)

The superintendent left the Post Office to go home at 1:00 in the afternoon on February 12th. (Id. at 99.) The other employees had already left. (Id.)

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Cite This Page — Counsel Stack

Bluebook (online)
676 F. Supp. 567, 1987 U.S. Dist. LEXIS 12510, 1987 WL 33264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dellinger-v-united-states-ded-1987.